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Constitutional Law - Due Process - Limits On Investigative Power Of State Legislative Committees, George E. Lohr
Constitutional Law - Due Process - Limits On Investigative Power Of State Legislative Committees, George E. Lohr
Michigan Law Review
Defendant appeared before the New Hampshire attorney general, who was authorized by statute to investigate violations of the state subversive activities law and to determine if subversive persons, as defined therein, were present within the state. Defendant refused to answer certain questions about the contents of a university class lecture delivered by him and about his knowledge of other persons' activities in the Progressive Party, contending that such questions infringed an area protected by the First Amendment. The state superior court conceded the infringement of defendant's rights, but found this to be justified by state interest in self-protection, and convicted …
Constitutional Law - Due Process - Validity Of Refusal To Permit The Showing Of A Motion Picture On The Grounds Of Obscenity, Donald F. Oosterhouse S.Ed.
Constitutional Law - Due Process - Validity Of Refusal To Permit The Showing Of A Motion Picture On The Grounds Of Obscenity, Donald F. Oosterhouse S.Ed.
Michigan Law Review
A Chicago municipal ordinance made it unlawful to exhibit any motion picture without first having secured a permit from the Commissioner of Police. The commissioner is required to issue the permit unless he finds the picture "immoral or obscene. . .. " On these grounds he refused to permit exhibition of "The Miracle." Plaintiffs brought suit to have the ordinance declared unconstitutional and to restrain enforcement of the prohibition on the picture. The trial court granted the relief asked. On appeal, held, reversed and remanded to determine if the motion picture is obscene. A prior restraint on the exhibition …
Liberty Under The Fourteenth Amendment: 1943-44, John Raeburn Green
Liberty Under The Fourteenth Amendment: 1943-44, John Raeburn Green
Michigan Law Review
Elsewhere efforts have been made to survey the status of the fundamental rights guaranteed by the Bill of Rights with respect to their protection against state abridgment. The decisions of the Supreme Court were examined, from the February term, 1790, through the 1942 term. It was observed that the struggle to obtain for these rights and liberties federal constitutional protection against state abridgment, as well as against federal abridgment, had been almost continuous since the adoption of the Constitution; that Madison had sought, unsuccessfully, to include in the Bill of Rights guaranties against state abridgment for freedom of speech and …
Constitutional Law - Validity Of Criminal Syndicalism Statute, Herman Jerome Bloom
Constitutional Law - Validity Of Criminal Syndicalism Statute, Herman Jerome Bloom
Michigan Law Review
The defendant was indicted for assisting in the conduct of a meeting which was called under the auspices of the Community Party, an organization advocating criminal syndicalism. The statute defined criminal syndicalism as "the doctrine which advocates crime, physical violence, sabotage, or any unlawful acts or methods as a means of accomplishing or effecting industrial or political change or revolution," and described a number of offenses, including the presiding at, or the assisting in, the conduct of a meeting of an organization advocating criminal syndicalism as defined in the act. The state court upheld the indictment under a construction of …
Constitutional Law - Freedom Of The Press - Restraints On Publication, Maurice S. Culp
Constitutional Law - Freedom Of The Press - Restraints On Publication, Maurice S. Culp
Michigan Law Review
A recent Supreme Court decision establishes a new concept of freedom of the press, and adds new meaning to the liberty safeguarded by the Fourteenth Amendment. The defendant, Near, was enjoined from publishing his newspaper because it was alleged that the paper was largely devoted to the publication of malicious, scandalous, and defamatory articles about the grand jury, public officials, and others. The injunction was granted pursuant to a statute which made the publication of a malicious, scandalous, or defamatory newspaper, magazine, or periodical a nuisance subject to abatement by injunction. The Supreme Court of the United States decided that …